Monthly Archives: June, 2025
József Benke, ‘Aleatoric Sale in Roman Law’
ABSTRACT The paper analyses both the textbook examples and the more specific cases of aleatoric or extraordinarily risky sales contracts according to the legal sources of Roman Law. The basic (textbook) examples of emptiones sine re (ie sales without the thing sold) as well as its important class, the spei emptio (ie purchase of hope), […]
David Ellerman, ‘Are Corporations the Problem?’
ABSTRACT Are corporations the problem? Can reforms in the area of corporate responsibility (eg, more stakeholder governance) lead to any real changes? The goal of the article is to analyse debates concerning the Citizens United case, corporate personhood, the stakeholder theory, the affected interests principle and, finally, deeper fallacies with respect to the rights of […]
Calderón Gómez, Talisse and Weymark, ‘Bruni and Sugden on Market Virtues’
ABSTRACT According to classical liberalism, markets are instruments for the mutually advantageous voluntary exchange of goods and services among individuals who have conflicting interests. Some critics have used a virtue ethics understanding of behavior in markets to call for moral limits to markets because this classical view does not respect the internal value of human […]
‘Reverse PACCAR judgment now, says CJC’
The Supreme Court ruling which two years ago threw litigation funding into chaos should be reversed by legislation ‘as soon as possible’, the Civil Justice Council has recommended in its final report on the sector, published today. The CJC recommends a ‘twin-track’ approach that prioritises the reversal of PACCAR through legislation that should be ‘both […]
Noah Lim Fang-Zhou, ‘Tempering the Harsh Winds: Limiting the Remedy of an Account of Profits’
ABSTRACT An account of profits compels a fiduciary to disgorge unauthorised gains. While justified on the basis that no one should gain from their wrongdoing, the courts have acknowledged the harshness and inflexibility of this remedy. This article argues that the conflicting approaches adopted by the courts can be reconciled into a coherent framework by […]
‘Success Without Victory: Lliuya v RWE Decided’
One of the most striking climate cases has come to a striking end. The Higher Regional Court of Hamm dismissed the lawsuit against RWE on minor factual grounds – yet at the same time confirmed that major emitters can, in principle, be held liable under German private law for climate-related harms. The ruling may ultimately […]
‘Comparative law today: digging trenches, bridging knowledge?’: 75th Anniversary BACL Workshop, King’s College Cambridge, 7-8 July 2025
The Centre of European Legal Studies and the British Association of Comparative Law (BACL) warmly invite you to attend their workshop to mark BACL’s 75th Anniversary. BACL’s ancestor, the UK National Committee of Comparative Law, was established in 1950 to promote ‘the development of legal science, by using in particular the comparative method’. Today, comparative […]
Saniya Mehmmod, ‘With Love and Affection: Rethinking the Fairness of Proximity of Relationship in Secondary Victim Claims’
ABSTRACT Since the 1990s, English tort law has recognised the limited circumstances in which a claimant is owed a duty of care for psychiatric injury caused by an accident that they were were not directly involved in. In particular, the eponymous Alcock control of ‘proximity of relationship’ mandates that a secondary victim must have a […]
Emile Zitzke, ‘Chatbots and Negligent Misstatements: Common-Law Delictual Liability’
INTRODUCTION A chatbot is a ‘bot which is a computer program[me] that is capable of communicating with humans, usually in a simple way’. More colloquially and practically, a chatbot is a computer programme that can hold a conversation with human beings (the term derives from the words chat and robot). The conversation between the computer […]
Demougin and Bental, ‘Procedural vs Substantive Approaches in Non-Comprehensive Contracts’
ABSTRACT In this study, we examine two adjudication methods designed to resolve disputes between principals and agents concerning bonus payments in relationships characterized by moral hazard and where the parties have been forced to use soft, imprecise, and subjective information to align incentives. The first method is a procedural approach where the court applies to […]